86R11423 BEE-D
By: Lucio S.B. No. 1713
A BILL TO BE ENTITLED
AN ACT
relating to the towing and booting of unauthorized vehicles on a
parking facility during certain hours.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2308.255(d), Occupations Code, is
amended to read as follows:
(d) A towing company may tow and store a vehicle under
Subsection (a) only if the parking facility owner:
(1) requests that the towing company tow and store the
specific vehicle; or
(2) except as provided by Section 2308.2551, has a
standing written agreement with the towing company to enforce
parking restrictions in the parking facility.
SECTION 2. Subchapter F, Chapter 2308, Occupations Code, is
amended by adding Section 2308.2551 to read as follows:
Sec. 2308.2551. ADDITIONAL REQUIREMENTS FOR TOWING DURING
CERTAIN HOURS. (a) A towing company may tow and store a vehicle
under Section 2308.255(a) between the hours of 8 a.m. and 5 p.m. on
a weekday only if the parking facility owner requests in writing
that the towing company tow and store the specific vehicle.
(b) A written request required under Subsection (a) must:
(1) include:
(A) a statement that the vehicle is to be towed
and stored at the request of the parking facility owner;
(B) the name of the parking facility owner; and
(C) the parking facility owner's justification
for requesting the removal of the vehicle and photographs, if any,
supporting the justification; and
(2) be maintained by the towing company for at least 90
days after the date the request was made.
SECTION 3. Subchapter F, Chapter 2308, Occupations Code, is
amended by adding Section 2308.2571 to read as follows:
Sec. 2308.2571. ADDITIONAL REQUIREMENTS FOR BOOTING DURING
CERTAIN HOURS. (a) A boot operator may install a boot on a vehicle
located on a parking facility between the hours of 8 a.m. and 5 p.m.
on a weekday only if the parking facility owner requests in writing
that the boot operator install a boot on the vehicle.
(b) A written request required under Subsection (a) must:
(1) include:
(A) a statement that a boot is to be installed on
the vehicle at the request of the parking facility owner;
(B) the name of the parking facility owner; and
(C) the parking facility owner's justification
for requesting the installation of the boot on the vehicle and
photographs, if any, supporting the justification; and
(2) be maintained by the booting company for at least
90 days after the date the request was made.
SECTION 4. The changes in law made by this Act apply only to
the towing or booting of a vehicle initiated on or after the
effective date of this Act. The towing or booting of a vehicle
initiated before the effective date of this Act is governed by the
law in effect at the time the towing or booting was initiated, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2019.